N.Y. Executive Law § 642: Criteria for fair treatment standards

§ 642. Criteria for fair treatment standards. Such fair treatment

standards shall provide that:

1. The victim of a violent felony offense, a felony involving physical

injury to the victim, a felony involving property loss or damage in

excess of two hundred fifty dollars, a felony involving attempted or

threatened physical injury or property loss or damage in excess of two

hundred fifty dollars or a felony involving larceny against the person

shall, unless he or she refuses or is unable to cooperate or his or her

whereabouts are unknown, be consulted by the district attorney in order

to obtain the views of the victim regarding disposition of the criminal

case by dismissal, plea of guilty or trial. In such a case in which the

victim is a minor child, or in the case of a homicide, the district

attorney shall, unless the family refuses or is unable to cooperate or

his, her or their whereabouts are unknown, consult for such purpose with

the family of the victim. In addition, the district attorney shall,

unless he or she (or, in the case in which the victim is a minor child

or a victim of homicide, his or her family) refuses or is unable to

cooperate or his, her or their whereabouts are unknown, consult and

obtain the views of the victim or family of the victim, as appropriate,

concerning the release of the defendant in the victim's case pending

judicial proceedings upon an indictment, and concerning the availability

of sentencing alternatives such as community supervision and restitution

from the defendant. The failure of the district attorney to so obtain

the views of the victim or family of the victim shall not be cause for

delaying the proceedings against the defendant nor shall it affect the

validity of a conviction, judgment or order.

2. The victims and other prosecution witnesses shall, where possible,

be provided, when awaiting court appearances, a secure waiting area that

is separate from all other witnesses.

2-a. (a) All police departments, as that term is defined in

subdivision a of section eight hundred thirty-seven-c of this chapter,

district attorneys' offices and presentment agencies, as that term is

defined in subdivision twelve of section 301.2 of the family court act,

shall provide a private setting for interviewing victims of a crime

defined in article one hundred thirty or section 255.25, 255.26 or

255.27 of the penal law. For purposes of this subdivision, "private

setting" shall mean an enclosed room from which the occupants are not

visible or otherwise identifiable, and whose conversations cannot be

heard, from outside such room. Only (i) those persons directly and

immediately related to the interviewing of a particular victim, (ii) the

victim, (iii) a social worker, rape crisis counselor, psychologist or

other professional providing emotional support to the victim, unless the

victim objects to the presence of such person and requests the exclusion

of such person from the interview, and (iv) where appropriate, the

parent or parents of the victim, if requested by the victim, shall be

present during the interview of the victim.

(b) All police departments, as that term is defined in subdivision a

of section eight hundred thirty-seven-c of this chapter, shall provide

victims of a crime defined in article one hundred thirty of the penal

law with the name, address, and telephone of the nearest rape crisis

center in writing.

3. Law enforcement agencies and district attorneys shall promptly

return property held for evidentiary purposes unless there is a

compelling reason for retaining it relating to proof at trial.

4. The victim or witness who so requests shall be assisted by law

enforcement agencies and district attorneys in informing employers that

the need for victim and witness cooperation in the prosecution of the

case may necessitate absence of that victim or witness from work. In

addition, a victim or witness who, as a direct result of a crime or of

cooperation with law enforcement agencies or the district attorney in

the investigation or prosecution of a crime is unable to meet

obligations to a creditor, creditors or others should be assisted by

such agencies or the district attorney in providing to such creditor,

creditors or others accurate information about the circumstances of the

crime, including the nature of any loss or injury suffered by the

victim, or about the victim's or witness' cooperation, where

appropriate.

5. Victim assistance education and training, with special

consideration to be given to victims of domestic violence, sex offense

victims, elderly victims, child victims, and the families of homicide

victims, shall be given to persons taking courses at state law

enforcement training facilities and by district attorneys so that

victims may be promptly, properly and completely assisted.

6. A victim of an assault may choose to make their statement at their

workplace provided such workplace was the scene of the assault and is a

hospital, emergency medical facility, nursing home, or residential

health care facility as defined in section twenty-eight hundred one of

the public health law, or is a facility or hospital as defined in

section 1.03 of the mental hygiene law. Law enforcement officers shall

inform the victim of their right to have their statement be taken at

such workplace when officers have reason to believe the victim was

assaulted pursuant to section 120.05 of the penal law.